State Emergency Response Commission (SERC)

In 1988, the Ohio General Assembly passed Substitute Senate Bill 367. This law, Chapter 3750 of the Ohio Revised Code (ORC), provides for implementation of the Emergency Planning and Community Right-to-Know Act (EPCRA) in Ohio. The administrative body for the implementation of Chapter 3750 is the State Emergency Response Commission (SERC).

The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by Congress in 1986. EPCRA was included as Title III of the Superfund Amendments and Reauthorization Act (SARA) and is sometimes referred to as SARA Title III. EPCRA provides for the collection and availability of information regarding the use, storage, production and release of hazardous chemicals to the public and emergency responders in your community. The law promotes a working relationship among government at all levels, business and community leaders, environmental and other public interest organizations, and individual citizens to improve hazard communications and emergency planning.

In 1988, the Ohio General Assembly passed Substitute Senate Bill 367. This law, Chapter 3750 of the Ohio Revised Code (ORC), provides for the implementation of EPCRA in Ohio. The administrative body for the implementation of Chapter 3750 is the State Emergency Response Commission (SERC).

SERC is made up of nine state agencies: Ohio Environmental Protection Agency; Emergency Management Agency; Attorney General's Office; Health; Transportation; Natural Resources; State Fire Marshal; State Highway Patrol; and Public Utilities Commission of Ohio. Additionally, SERC has 10 voting members: two representing environmental advocacy; two representing industry trade association; three representing firefighting; and three representing local government/municipalities. Two members of the legislature serve as non-voting members.

SERC appoints members of the Local Emergency Planning Committees (LEPC) of each emergency planning district. In Ohio, each county has been designated as its own emergency planning district, with the exception of Montgomery and Greene counties, which combine their planning efforts. LEPC members include representatives from each of the following groups or organizations: elected state and local officials; law enforcement; emergency management; fire fighting; first aid, hospitals and health; local environmental authorities; transportation; broadcast and/or print media; community groups; and owners and operators of subject facilities.

SERC appoints LEPC members to two two-year terms of office. LEPCs use Ohio EPA's inventory information to develop and exercise their local planning district's emergency response plan(s).

Petroleum Crude Oil Railroad Carriers

The U.S. Department of Transportation issued an Emergency Order on May 7, 2014, requiring all railroads operating trains carrying more than 1 million gallons of Bakken crude oil, or approximately 35 tank cars, to notify State Emergency Response Commissions about the expected weekly train movements through their respective state.

The notification must include estimated volumes of Bakken crude oil being transported, the frequency of expected train traffic and the route through which Bakken crude oil will be transported. In addition, the order requires each railroad to provide contact information for at least one individual responsible for responding to emergency responders about the shipments.

On June 11, 2014, Ohio's State Emergency Response Commission (SERC) passed a resolution at its meeting designating the State of Ohio Fusion Center as the repository for notifications and revisions/updates to the notifications. The Ohio Fusion Center will maintain the notifications and distribute the notifications to state and local emergency responders. A copy of the resolution can be found here: 2014 SERC USDOT Emergency Order Resolution.

The SERC is transferring the notifications received from any rail carrier to the Ohio Fusion Center.

Notifications and revisions/updates should be submitted to the Ohio Fusion Center at the following address:

Tier 2 Submit Electronic Reporting Information and Links

In the April 26, 2013, response to the petition, U.S. EPA determined that the alternative reporting in Ohio law does not supersede the reporting requirements of EPCRA. As a result, U.S. EPA concluded that Ohio oil and gas well owners or operators must separately meet the reporting obligations of EPCRA to ensure compliance with federal law.

Many oil and gas well owners submitted hazardous chemical inventory reports, required under section 312 of EPCRA, in the fall of 2013, following the notice by the State Emergency Response Commission (SERC) dated Sept. 11, 2013. After receiving requests from the oil and gas industry, the SERC explored options to provide oil and gas well owners flexibility for the submission of their 2013 annual chemical inventory reports, due March 1, 2014. Please be advised that the reporting instructions contained in a memorandum sent to oil and gas well owners/operators on or around Jan. 23, 2014, have been revised to make it easier to report, as outlined below.

Specifically, the SERC is making the following two changes to its previous instructions to provide flexibility to oil and gas well owners who filed chemical inventory reports in the fall of 2013, and are also required to submit annual chemical inventory reports for calendar year 2013, due March 1, 2014: (1) submission of the facility map is optional, and (2) the chemical inventory report may be completed using the abbreviated “CY2013 Short Form.” If your previous inventory report filed in 2013 for calendar year 2012 has not changed, you may submit a “short form,” which would contain only the additional or modified items added to the reporting form by U.S. EPA, along with a certification that the previously submitted forms are still accurate.

To increase the efficiency and quality of the fee process, the State Emergency Response Commission's (SERC) fiscal agent incorporated a color coding system for filing fee invoices and worksheets processed during the course of the State Fiscal Year (SFY). As a result, this year's SERC filing fee worksheet will be printed on green paper.

In the first few weeks of January 2015, Ohio EPA's Right-to-Know Program will send each regulated facility a cover letter and green pre-printed SERC filing fee worksheet with an assigned Revenue ID number. To reduce costs, Ohio EPA limits the number of SERC compliance manuals printed and encourages facilities to use the Tier 2 Submit software to electronically report their chemical inventory.

The State Emergency Response Commission (SERC) was established by Senate Bill 367 of the 117th Legislature to implement, administer and enforce, in conjunction with U.S. EPA, Ohio EPA and local fire departments, the federal Emergency Planning and Community Right-To-Know Act of 1986 in Ohio. SB 367 and its subsequent amendments are codified in Chapter 3750 of the Ohio Revised Code.

The SERC regulations are located in Ohio Administrative Code (OAC) chapters 3750-1, 3750-10, 3750-15, 3750-20, 3750-25, 3750-30, 3750-50, 3750-60, 3750-75, 3750-80, 3750-85. These rules define and amplify chapter 3750 of the Ohio Revised Code. Additional chapters are added as needed to address new laws and requirements. The complete text of all currently effective SERC regulations can be downloaded in PDF form by clicking on the following link: Complete SERC Administrative Code Regulations

Chapters

Individual rule chapters are presented below. PDF copies of currently effective rules can be obtained by following the chapter link (OAC 3750-xx, where "xx" is the desired chapter number) in the chapter title line. For information regarding a specific chapter, please contact Jeff Beattie at (614) 644-2269. Chapters under review or development are noted and information on draft or proposed rule language and how to submit comments is posted in the dated notices under the "Rule Changes" heading.

In 2008, U.S. EPA finalized a rule that affects Concentrated Animal Feeding Operations (CAFOs) under the Emergency Planning Community Right-to-Know Act (EPCRA). The final rule was published on Dec. 18, 2008, and took effect on Jan. 20, 2009. The intent of the rule is to establish reporting criteria and requirements that pertain to the release of, but not limited to, ammonia and hydrogen sulfide from the animal waste at the CAFOs. Each has a reporting threshold of 100 pounds in any 24-hour period.

The final rule clarified and quantified the reporting thresholds in terms of animal numbers at the affected CAFO. Affected facilities must report to the State Emergency Response Commission (SERC) and their county-based Local Emergency Planning Committee (LEPC). The release(s) from a CAFO may very well be stable in quantity and concentration by reporting the release as a “continuous release;” the owner or operator then has a simple notification telephone call to the SERC that is followed up by a written report within 30 days. Continuous releases occur without interruption or are routine and anticipated. They are part of normal everyday operations. Continuous releases can qualify for reduced reporting requirements whereby instead of reporting the release every day that it exceeds the threshold, you can report at one time. No further report is needed unless a change in the operation would lead to a statistically significant change in the bounds or better data become available that indicate a different good-faith estimate is more accurate. After that, CAFOs are to re-evaluate their status every year from their initial January/February report date.

The states in Region 5 (OH, IN, IL, WI, MN and MI) have adopted a generic reporting form for CAFOs to use. The form was set up to enable CAFOs to make good-faith estimates of the reporting emissions due to the number of variables and/or little information availability involved in estimating air emissions from animal agricultural facilities. The form has upper and lower bounds of emissions and includes instructions that walk the CAFO through the reporting elements. CAFOs can use the current available formulas to estimate their emissions with the understanding that the estimate could be substantially above or below the actual emission rate. Completed forms can be e-mailed to SERC@epa.ohio.gov or mailed to SERC-DAPC/SERC, 50 W. Town St., Columbus, OH 43215. Questions may be directed to 1-888-644-2260.

Note: If your CAFO signed the 2005 or 2006 EPA Air Emissions Compliance Consent Agreement to make a good-faith estimate of your emissions, you are bound by the terms of that agreement and have agreed to estimate your emissions within 18 months of the conclusion of the current National Air Emissions Monitoring Study and report emissions as necessary at that time. The Agreement was signed by 2,568 agricultural operations representing 6,267 farms who received a covenant not to be sued for CERCLA, EPCRA and Clean Air Act violations in exchange for their participation in the Agreement. An amount of $2,500 per farm was assessed for the National Air Emissions Monitoring Study. U.S. EPA was to announce the results of the National Air Emissions Monitoring Study in 2011, and then determine whether and how the participants in the Agreement need to report emissions. For more information on the Agreement and study, visit http://www.epa.gov/oecaagct/anafoair.html#emissmonstud.

What is a CAFO and who is qualified as a CAFO?

Concentrated Animal Feeding Operations (CAFOs) are operations that stable or confine animals in numbers greater than or equal to the numbers of animals specified for each category below:

Laying hens or broilers, if the farm uses a liquid manure handling system

125,000

Chickens (other than laying hens) if the farm uses other than a liquid manure handling system

82,000

Laying hens, if the farm uses other than a liquid manure handling system

30,000

Ducks, if the farm uses other than a liquid manure handling system

5,000

Ducks, if the farm uses a liquid manure handling system

Animals that are not stabled or confined and graze on pastures are not counted toward the threshold. This rule does not change the reporting requirements where the source is not animal waste at farms or is to any medium other than air. Accidental releases of pesticides or anhydrous ammonia must still be reported regardless of the size of the farm.

How to Report

1. Immediately notify the State Emergency Response Commission (SERC) 1-800-282-9378 and Local Emergency Planning Committee (LEPC) by telephone. Indicate that you are reporting a non-emergency continuous release of ammonia and hydrogen sulfide from a CAFO. List of LEPC Information Coordinators can be found at /dapc/serc/manual.aspx.

2. Within 30 days after the initial phone notification, a written report should be submitted to SERC and LEPC. SERC address: Ohio EPA-DAPC/SERC, 50 W. Town St., Columbus, OH 43215. Use the emission forms as provided or can be downloaded via internet at /dapc/serc/documents.aspx.

3. One year after the initial written notification, you need to reassess and confirm the accuracy of your calculations to the SERC and the LEPC in writing.

CAFO Initial Phone Notification

The release notification for 24-hour reporting of spills in the State of Ohio is:

1-800-282-9378 or
(614) 224-0946

When a CAFO makes the initial phone notification, you will be asked for information that pertains to the CAFO. Below is an example of the general type of information that will be asked:

Date of Notification:

Company Name:

Address, City, State, Zip Code:

County:

Contact Name:

Phone Number:

Source: CAFO fixed facility

Quantity Released: Unknown at this time

Date of Release: Continuous release

Time and Duration of Release: Continuous release

Chemical(s) Released: Ammonia, Hydrogen Sulfide

Remark: This is the initial notification for EPCRA continuous release reporting at CAFO.

On behalf of the State Emergency Response Commission (SERC), the Ohio EPA maintains information submitted to the SERC and is responsible for the receiving and fulfilling requests from the public for access to that information. A person who requests to receive a copy of information submitted under Ohio Revised Code Chapter 3750, Emergency Planning shall submit a separate application for each facility for which information is being requested.